HomeMy WebLinkAbout03-153 CC ResolutionRESOLUTION NO. 03-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A GRANT OF STORM DRAIN
EASEMENT WITHIN LOTS 4 AND 5 OF TRACT MAP NO.
23143-F
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, The City Council of the City of Temecula does hereby find, determine and
declare that:
Tract Map No. 23143-F was graded and street improvements constructed
to include a storm drain to convey flow within Lots 4 and 5.
The owners of Tract Map No. 23143-F, Lenone Inc., A Virginia Corporation,
are hereby submitting a grant of storm drain easement;
C. Acceptance of the easement serves both the public and private interests of
the community.
WHEREAS, The City Council of the City of Temecula hereby desires to accept the grant
of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit
"A" and shown in Exhibit 'B" attached hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts the grant of storm drain easement by Lenone Inc., A Virginia Corporation.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 22nd day of October, 2003·
ATTrEST:
· ones, CMC '
Mayor
R:/Resos 2003/Resos 03-153 I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-153 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 22nd ay of October, 2003 by the following
vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
lerk
R:/Resos 2003/Resos 03-153 2
· ~,ECORDING REQUESTED BY:
City of Temecuia, California
AFTER RECORDING MAIL TO:
City Clerk
City of Temecula
P.O, BOX 9033
Temecula, CA 92589-9033
ABOVE SPACE FOR RECORDER'S USE
STORM DRAINAGE EASEMENT
THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF
TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO
SECTION 6103 OF CALIFORNIA GOVERNMENT CODE.
ASSESSOR'S PARCEL NO.952-541-004,005
PROJECT NO. Tract No. 23143
Lenone, Inc., a Virginia Corporation, hereinafter designated GRANTOR;' represent that they are
the owners of the hereinafter described real property, and for a valuable consideration, receipt of
which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of
Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter
designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT
and right-of-way upon, through, under, over and across the hereinafter described real property for
the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of
a storm drainage system including any and all structures and appurtances incidental thereto
designed to convey storm water runoff through the property of the GRANTOR, together with the
right to have and hold said easement and right-of-way unto itself and unto its successors and
assigns forever and to convey said easement, or any portion thereof, to other public agencies.
The real property referred to herein above and made subject to said easement by this grant is
situated in the City of Temecula, State of California, and is more particularly described as follows:
(See exhibits "A" & "B" attached and incorporated herein by this reference
as set forth in full)
The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise
obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE,
its successors or assigns without the express written consent of the GRANTEE as demonstrated
by issuance of an Encroachment Permit issued by the GRANTEE.
The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees
bushes or other obstruction that interfere with the dght of the GRANTEE to use said easement and
right-of-way.
The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in
good repair the above described works and shall have a right-of-entry upon the property of the
GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the
above described works of improvement.
H:~PDATA~I 5100245~OFFICE\WPWIN~2451gl001A.wpd
There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use
the above described land of the GRANTOR at any time, in any manner and for any purpose not
inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the
rights and privileges herein granted.
The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any
and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed
by reason of the location, design, construction or maintenance of said drainage facilities or said
easement.
WITNESS WHEREOF, the GRANTOR has executed this instrument this
,2002.
day of
GRANTOR:
LENONE, INC. A VIRGINIA CORPORATION
(sign here)
By:
(sign here)
(Pdnt) (Print)
(title) (title)
NOTARY CERTIFICATE
COUNTY OF HENRICO }
COMMONWEALTH OF VIRGl]qIA }ss.
Onthis ,"~. dayof ,'~-~--~,~4~ ,200~
~4~e~ ~._ ~o~ ~ ¢.s:_~ o.... f. ~od~ ~rsonally appeared before mc and acknowledged
he/she executed the foregoing instrument.
Print Nature
My ~ommission expires
.Notary Public
that
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretar7 or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
H:~PDATA~15100245\OFFICE~WPWIN~24$1gl001A.wpd
CITY OF TEMECULA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION OF REAL PROPERTY
This is to certify the easement dedication dated ,200~_. for a STORM DRAINAGE
EASEMENT granted by Lenone, Inc., a Virqinia Corporation, to the City of Temecula, a municipal
corporation, has been accepted by the Temecula City Council pursuant to Government Code
Section 27281. Said easement was accepted on ,2009 The GRANTEE consents
to the recordation thereof by its duly authorized officer.
CITY CLERK'S OFFICE:
Date: ,2002. Attest:
Susan W, Jones, CMC, City Clerk
H:~PDATA~15100245\OFFICE~WPWIN~2451g[001A.wpd
RBF CONSULTING
27555 Ynez Road, Suite 400
Temecula, CA 92591
EXHIBIT "A"
Revised September 18, 2002
November 5, 2001
JN 15100245-M1
Page 1 of 1
Legal Descrintion for Tract No. 23143
STORM DRAINAGE EASEMENT
That cerlain parcel of land situated in the City of Temecula, County of Riverside, State of California,
being that portion of Lots 4 and 5 of Tract No. 23143 filed in Book 314, Pages 25 through 38 of
Maps inthe Office of the County Recorder of said Riverside County, described as follows:
pARCEL 1 A strip of land 30.00 feet wide, the southerly line of which is described as follows:
BEGINNING at a point in the easterly line of said Lot 5 distant thereon South 15 ° 13'21" East 30.10
feet from the most northeasterly comer of said lot;
thence North 83°19'24" West 17.45 feet to a point on a curve in the westerly line of said lot.
Said strip of land shall be lengthened or shortened so as to terminate easterly in the easterly line of
said Lots 4 and 5 and westerly in said curve in the westerly line of said lots.
CONTAINING: 379 Square Feet.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached hereto and by this reference made a part hereof.
This description was prepared by me or under my direction.
Lawrence L. Bacon, P.L.S. 3527 /~ 25 L.S. 3527 "~
My license expires 6/30/04. /
· Fxp. 6-30-20~
0 2OO 4OO 60O
GRAPHIC SCALE
SEE DETAIL
3
HEREON
TRACT NO. 25145
MB 314/25-58
PARK SITE
104
4
Cc~/L SAGE
(
N75' 47--29_." W
---~)
-7
PARCEL 1
WIDE
10
· "T
DATA T~t.E
N08'51 '55"E -- 150.41'
N85' ig'24"W -- 17.,45'
NIS' 15'21"W -- 3g.90'
N15' 1.T'21"W -- 50.10'
N15' 15'21"W -- 2.24'
N85' 19'24"W -- 11.24'
57°07 '50" 48.00' 51 , 11'
DETAIL "A"
NOT TO SCALE
SHEET
EXHIBIT
STORM DRAINAGE
EASEMENT
I n - n
CONSULTING
1 OF 1 SHEETS
27555 ~ ROAD, ~ 400
'11~ CAL.F~ 92591-4679
909.676.8042 · FAX 909.676.7240 · www. RBF. com
REVISED 09/18/02 SCALE FIELD BnOK JDB NO.
NOVEMBER 5, 2001 1"=200' 15100245-M1